providing information in advance
to persons being removed and their
lawyers. The CPT comments favour
ably on the procedures in place in the
Netherlands although it recommends
that access to legal advice be maintained
until the moment of departure (i.e. until
the doors of the aircraft are closed) and
that a “last call procedure” be put in
place before the disembarkation of the
detainees in the country of destination.
As regards staff training prior to
departure, the CPT welcomes the KMAR
custom of organising short practice
sessions for the escort staff before
every charter removal flight. It, however,
highlights the need to improve ground
staff communication skills, facilitating
thereby the handling of difficult/
resistant detainees. The Committee also
takes note of the efforts made to ensure
good medical/nursing coverage during
the removal operation. That said, the
CPT supports the principle that every
person being forcibly removed by air
be given the opportunity to undergo
a medical examination a few days prior
to his/her departure. The Committee
recommends in particular that a medical
examination be systematically carried
out whenever the prolonged use of
force or means of restraint during
removal is expected or highly likely.
It also comments on the need for a
fast, smooth and adequate transfer of
medical information between healthcare professionals at every stage of the
removal process.
51. As regards the execution phase
of the removal operation, the report
describes the conditions during the first
flight segment (Rotterdam to Madrid) as
generally good. The Dutch and German
escorts made genuine efforts to reduce
stress and relieve the atmosphere by
engaging in dialogue with their respective detainees. One small incident
(involving a detainee being returned by
Slovenia and his escorts), which involved
an allegedly prolonged use of means
of restraint, was quickly dealt with by
the determined and skilful intervention of the Dutch back-up team, thus
preventing a further escalation of the
problem. In the CPT’s view, this incident highlighted the need for further
detailed discussions among Frontex
member states with a view to develop
ing precise rules on the use of means of
restraint.
Two further incidents occurred during
the second flight segment (Madrid to
Lagos), the first of which gave the CPT’s
delegation the opportunity to observe
a particularly skilful, empathetic and
professional intervention by a Spanish
escort staff member. On arrival, the
handover to the Nigerian authorities
which took place on the aircraft was
carried out smoothly.
52. The report examines several other
issues related to the CPT’s mandate,
such as the use of force, the role of
national monitoring bodies, staff-related issues and complaints procedures.
In addition, it raises technical issues such
as the inclusion in future readmission
agreements of explicit references to the
possibility for national or international
monitoring bodies to observe removal
operations, including the handover
procedure to the local immigration
authorities.
53. The response of the Dutch
Government to the CPT’s report can
be described as globally positive. The
Dutch authorities indicate that they are
prepared to include a reference to the
desire for monitoring to be carried out
by international monitoring bodies when
carrying out negotiations on readmission
agreements. They also confirm that an
Immigration and Naturalisation Service
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